1.   Creation and Membership.  A Board of Adjustment, to be hereinafter referred to as the Board, is established.  The Board shall consist of five (5) members appointed by the Mayor, subject to the approval of the City Council.  Terms shall be staggered so that the term of one member becomes vacant each year, and terms shall be for five (5) years.  Vacancies shall be filled for the unexpired terms of any member whose term becomes vacant.  Members shall be removable for cause by the appointing authority upon written charges and after public hearing.  All members of the Board shall serve without compensation.  The Board, subject to the approval of the City Council, may employ such clerical and technical assistance as may be needed to carry on its work.

2.   Chairperson and Meetings.

   A.   The Board shall adopt its own rules of procedure, not in conflict with this chapter or the Iowa statutes, to enable it to perform its functions and duties.

   B.   The Board shall elect its own Chairperson, who shall serve for one year.  Such Chairperson, or in his/her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.  Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.  All meetings of the Board shall be open to the public.  The notice of the time and place of meetings shall be published in a newspaper of general circulation not more than twenty (20) or less than seven (7) days prior to the hearing.  It shall contain the street address or location of the property and a brief description of the nature of the appeal.

   C.   The City Clerk, or such other City employee as the Board may designate, shall serve as the Secretary of the Board.  In the absence of the Secretary, the Chairperson of the Board may appoint one of the members of the Board to act as Secretary Pro Tem for the meeting.  The Board shall have the power to call on any City department for assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may reasonably be required.

   D.   The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board.

3.   Appeals.

   A.   Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the administrative officer.  Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing, with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof.  The administrative officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

   B.   Each appeal shall be accompanied by a fee of $50.00 to be paid by the appellant to the City Clerk.

   C.   The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof and decide the same within a reasonable time.  Upon the hearing, any party may appear in person or by agent or attorney.

   D.   An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative officer certifies to the Board, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her opinion cause imminent peril to life or property.  In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the administrative officer and on due cause shown.

4.   Jurisdiction.  The Board shall have the following powers:

   A.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter.

   B.   To hear and decide conditional use to the terms of this chapter upon which the Board is required to pass under this chapter.

   C.   Where the street or lot layout on the ground actually varies from the street and lot lines as shown in the zoning map, the Board shall interpret the map and the provisions of this chapter in such a way as to carry out the intent and purposes of this chapter for the particular district or section in question.

   D.   To permit the reconstruction, within one year, and use as before of a nonconforming building destroyed or damaged to more than 65% of its value by explosion, fire, act of God or public enemy or other calamity, where the Board finds that the public needs require a continuance of the nonconforming use and that such continuance would not primarily permit a continuation of a monopoly.

   E.   To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which is determined reasonably necessary for the public convenience or welfare.

   F.   To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to conditional use, a literal enforcement of the provisions herein would result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.  The Board, in authorizing any variance, may require any appropriate conditions and stipulation as they deem necessary and such conditions and stipulations attached to the approval shall be complied with, and a violation of those stipulations shall be considered the same as any violation of the other provisions of this chapter.  In granting any variance, the Board shall give due consideration to the following requirements:

      (1)   The variance and any attached conditions would meet the general purpose of this chapter of promoting public health, safety, comfort, order and the general welfare of the community.

      (2)   The variance and any attached conditions would be in keeping with the general character of the surrounding area, the purpose as stated for the zoning district, and the land-use plan of the City.

      (3)   The variance and any attached conditions would not result in any appreciable depreciation of adjacent property values or detract from the enjoyment and use of those adjacent properties.

   G.   To determine, in cases of uncertainty, the classification of any use.

   H.   To permit the erection and use of any accessory building on a lot before the erection of a principal building on such lot as provided herein, provided such use is temporary and for a period of time not to exceed one year.

   I.   To permit the extension of an existing building or use into a more restricted district immediately adjacent, under such conditions as will safeguard the character of the more restricted district, provided that such extension shall not be permitted more than fifty (50) feet beyond the boundary line of the district in which such building or use is authorized.

5.   Conditional Use Permits.

   A.   The Board of Adjustment shall hold a hearing and consider any application for a conditional use permit.  The Board may approve conditional use permits for any use that is in keeping with and appropriate to the uses authorized in that zone.  The Board shall give due consideration to the following requirements in the approval or denial of any conditional use permit application.

      (1)   The conditional use approval would meet the general purpose of this chapter of promoting public health, safety, comfort, order and the general welfare of the community.

      (2)   The conditional use approval would be in keeping with the general character of the surrounding area, the purpose as stated for that zone and the Comprehensive Plan of the City.

      (3)   The conditional use approval would not result in any appreciable depreciation of adjacent property values or detract from the enjoyment and use of those adjacent properties.

      (4)   The conditional use approval would not create any amount or type of traffic that may be detrimental to others.

      (5)   The conditional use approval would not create objectionable noise, dust, smoke or odor for nearby properties.

      (6)   The conditional use approval would provide adequate parking area so as not to create congestion of public streets and roadways.

      (7)   To obtain a conditional use permit for a bed and breakfast home, the applicant must satisfy the criteria in Section 165.30.

   B.   The Board may require any appropriate conditions and stipulations as they deem necessary to assure that the preceding requirements will be fully complied with.  Such conditions and stipulations attached to the approval shall be complied with and a violation of those conditions shall be considered the same as any violation of the other provisions of this chapter.

   C.   Before receiving the conditional use permit, the applicant shall pay to the City the sum of fifty dollars ($50.00), which shall help pay the expense of issuing same and the cost of recording a copy of the permit in the office of the County Recorder so that same will become a part of the permanent records of the County and said recorded copy of the permit shall contain the legal description of the property for which the permit is granted.

6.   Powers.  In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all powers of the Building Official from whom the appeal is taken.

7.   Deciding Vote; Authority.  The concurring vote of three members of the Board shall be necessary to reverse any order, requirement,

decision or determination of the Building Official to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation in this chapter.  It is not the intention to grant the Board the power or authority to alter or change the Zoning Ordinance or Zoning Map.  Such power and authority rests solely with the City Council.

8.   Appeal From Decision of Board.  Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of this chapter or any taxpayer or any officer, department, board or bureau of the City may seek such relief through the courts as provided by statute.